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ARTICLE · 19 APRIL 2023

Reproductive (Patent) Rights: Contraception

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Contraception is not a novel concept for anyone in this day and age. In fact, due to the advances in science and technology, we can now find innovative contraceptives even in our local pharmacies and drug stores.

BelgiumIntellectual Property
Saba Safdar
Saba Safdar
Stijn Lagaert
Stijn Lagaert

Contraception is not a novel concept for anyone in this day and age. In fact, due to the advances in science and technology, we can now find innovative contraceptives even in our local pharmacies and drug stores. But did you know that the field of contraception is also not new to the labyrinth of patent law?

One of the earliest discussions at the Board of Appeal of the European Patent Office (EPO) involving contraception can be found in T0074/93, relating to compliance with the industrial applicability requirement of Article 57 EPC. Claim 5 of the patent application under appeal in this decision recited:

5. Use of a composition claimed in Claim 3 or 4 for applying to the cervix of a female mammal capable of conception.

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